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2107-23530 SRA Amended response - with conditions
Attached to the e-mail MCU21/0110 - SRA application correspondence - Changed referral agency response—with conditions.
RA29-N SARA reference: 2107-23530 SRA Council reference: MCU21/0110 Applicant reference: 16022 17 March 2023 The Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin Qld 4565 [email protected] Attention: Mr Patrick Murphy Dear Mr Murphy Changed referral agency response—with conditions (Given under section 28 of the Development Assessment Rules) On 15 February 2023 the State Assessment Referral Agency (SARA) received representations from the applicant requesting the department change its referral agency response. The department has considered the representations and now provides this changed referral agency response which replaces the response dated 5 May 2022. Applicant details Applicant name: Noosa Springs Real Estate Pty Ltd Applicant contact details: c/- Adamson Town Planning PO Box 894 Cooroy QLD 4563 [email protected] Location details Street address: 61 Noosa Springs Drive, Noosa Heads Real property description: Lot 4 on SP178340 Local government area: Noosa Shire Council Application details Development permit Material Change of Use - Resort complex (112 units 106 units), Bar, Food and drink outlet, Outdoor sport and recreation (3 4 x tennis courts) South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
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2107-23530 SRA
Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:
10.10.3.3.1.1 Koala habitat area in SEQ region
10.9.4.1.1.1 Infrastructure - state transport infrastructure
Conditions
Under section 56(1)(b)(i) of Planning Act 2016, the conditions set out in Attachment 1 must be attached
to any development approval.
Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.
Advice to the assessment manager
Under section 56(3) of the Act, the department offers advice about the application to the assessment
manager—see Attachment 3.
Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.
Drawing/report title Prepared by Date Reference no. Version/issue
Aspect of development: Material change of use
Noosa Springs – Koala Gondwana Ecology 9 March - 2
Habitat Area Tree Group 2023
Schedule
Marches Partners 8 March Drawing SK.01 Rev 2
Proposed Site Plan with 2023
Koala Habitat Overlay
Entry Link Level Plan Marchese Partners 9 February Drawing Rev 13
2023 20079 DA1.01
Site Plan Marchese Partners 9 February 20079 DA1.00 Rev 13
2023
A copy of this response has been sent to the applicant for their information.
For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
State Assessment and Referral Agency Page 2 of 9
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2107-23530 SRA
cc Noosa Springs Real Estate Pty Ltd, [email protected]
enc Attachment 1—Changed conditions to be imposed
Attachment 2—Changed reasons for decision to impose conditions
Attachment 3—Changed advice to the assessment manager
Approved plans and specifications
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2107-23530 SRA
Attachment 1—Changed conditions to be imposed
No. Conditions Condition timing
Material change of use
Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1—Koala habitat area in SEQ region—
The chief executive administering the Planning Act 2016 nominates the Director-General of the
Department of Environment and Science to be the enforcement authority for the development to which
this development approval relates for the administration and enforcement of any matter relating to the
following conditions:
1. The development must be carried out generally in accordance with the At all times
following documents:
Proposed Site Plan with Koala Habitat Overlay, prepared by Marchese
Partners International Pty Ltd, dated 12/11/2020 8/03/2023, Dwg. No.
SK.01, Revision 1 2.
2. Clearing is limited to the removal of 19 non-juvenile koala habitat trees At all times
identified with a red ‘X’ on Proposed Site Plan with Koala Habitat
Overlay, prepared by Marchese Partners International Pty Ltd, dated
12/11/2020, Dwg. No. SK.01, Revision 1.
Retention of native vegetation within the Koala Habitat Area,
identified within following documents, is to be maintained:
Proposed Site Plan with Koala Habitat Overlay, prepared by
Marchese Partners International Pty Ltd, dated 8/03/2023,
Dwg. No. SK.01, Revision 2
Noosa Springs – Koala Habitat Area Tree Schedule,
prepared by Gondwana Ecology Group, dated 9/03/2023
3. Prior to any building or operational works being undertaken, prepare a (a) to (e) Prior to
Koala Management Plan, which must: any clearing,
(a) Identify the clearing and construction activities that may increase building or
the risk of stress, injury or death of koalas; and operational works
being undertaken
(b) Detail the management measures that will be implemented during
clearing works to prevent the risks identified in part (a) of this
condition, including but not limited to all of the following:
i. Details of pre-clearing inspections of the vegetation to be
cleared;
ii. Measures required under the Nature Conservation (Koala)
Conservation Plan 2017, including the staging and
sequencing of clearing and provisions for a koala spotter
during clearing operations;
iii. Procedures for the recovery of koalas;
iv. Measures for dealing with trapped, injured, orphaned and
deceased koalas;
v. Contact details for the contractor for reports of at risk or
injured koalas;
vi. Procedures for checking machinery for koalas; and
vii. Measures to protect retained koala habitat and vegetation
(including open land) in accordance with Australian Standard
AS4970-2009;
(c) Detail the management measures that will be implemented during
construction works to prevent the risks identified in part (a) of this
condition, including but not limited to all of the following:
i. Procedures for dealing with trapped, injured, orphaned and
deceased koalas;
ii. Contact details for the contractor for reports of trapped or
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injured koalas;
iii. The use of fauna exclusion fencing;
iv. Measures to minimise the impact of construction related dust
on adjacent koala habitat;
v. Signage in areas of vehicular traffic on site;
vi. Procedures for checking machinery for fauna;
vii. Measures to manage the risks posed by dogs (e.g., guard
dogs) on site;
viii. Measures to protect retained koala habitat and vegetation
(including open land) in accordance with Australian Standard
AS4970-2009;
ix. Requirements for sequential clearing and koala spotter in
accordance with Nature Conservation (Koala) Conservation
Plan 2017;
x. Measures to raise awareness amongst construction workers
of koalas on and near the construction activities; and
(d) Be certified by a suitably qualified and experienced person.
AND
(e) Submit the Koala Management Plan to the Department of
Environment and Science at [email protected]
(f) Implement the management measures contained in the Koala
Management Plan.
4. Deliver an environmental offset in accordance with the Environmental Prior to
Offsets Act 2014 to counterbalance the significant residual impacts on commencing any
the matter of state environmental significance being 19 non-juvenile clearing works.
koala habitat trees.
Note: Section 16 of the Environmental Offsets Act 2014 provides that
when an offset condition is imposed on an authority, a number of
deemed conditions are taken to apply. These deemed conditions are
detailed in sections 19B, 22, 24 and 25 of the Environmental Offsets Act
2014. Contravention of a deemed condition is taken to be contravention
of an imposed condition.
More information on offset delivery can be found online.
Please send the notice of election to [email protected]. Prior to the commencement of clearing activities, notify the Department 72 hours prior to
of Environment and Science at [email protected] of: commencement
of vegetation
the expected date the clearing activity will commence; clearing.
the expected duration of the clearing activity;
the name and contact details of the koala spotter that has been
contracted for the clearing activity; and
the name, contact details and authority number of the spotter
catcher that has been contracted for the clearing activity.
6. 3. The existing fencing around the perimeter of the property is to be At all times
maintained as koala exclusion fencing in accordance with the Koala
Sensitive Design Guideline (Version 2), prepared by the Department of
Environment and Science and dated 01/02/2020.
Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1—Development impacting on State
transport infrastructure—The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads to be the enforcement authority for
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the development to which this development approval relates for the administration and enforcement of
any matter relating to the following conditions:
7. 4. The development must provide a dedicated pedestrian pathway from the Prior to the
porte cochere to the hotel reception generally in accordance with the commencement
following: of use, and
Entry Link Level Plan, prepared by Marchese Partners, dated where on site, to
12/11/2021 9/02/2023, drawing number 20079 DA1.01, revision be maintained at
8 13; and all times
Site Plan, prepared by Marchese Partners, dated 12/11/2021 9/02/2023,
drawing number 20079 DA1.00, revision 9 13.
8. 5. (a) The development must provide a bus setdown facility as part of the (a) – (b)
porte cochere at the location shown as numbers 11 and 13 on the Prior to the
Entry Link Level Plan, prepared by Marchese Partners, dated commencement
12/11/2021 9/02/2023, drawing number 20079 DA1.01, revision 8 of use and to be
13. maintained at all
times
(b) The bus setdown facility required in part (a) of this condition must be
in accordance with the Disability Standards for Accessible Public (c)
Transport 2002 made under subsection 31(1) of the Disability Prior to the
Discrimination Act 1992 and include the following: commencement of
capacity for one (1) single unit rigid bus of 14.5m in length to use
traverse the porte cochere as well as provision for the parking of
one (1) single unit rigid bus of 14.5m within the porte cochere;
kerb modifications in accordance with Swept Path – 14.5, Coach,
prepared by Traffic Transport Plus, dated 01/02/22, Figure 2,
revision 1;
provision for the parking of one (1) mini-bus of 8m in length with
8x5 trailer within the porte cochere whilst another mini-bus with
trailer traverses the porte cochere in accordance with Swept
Path – Mini Bus With Trailer, prepared by Traffic Transport Plus,
dated 01/02/2022, Figure 5, revision 1;
lighting in accordance with AS/NZS 1158.3.1 – Lighting for
Roads and Public Spaces, Part 3.1: Pedestrian Area (Category
P) Lighting – Performance and Design Requirements; and
access and hardstand, and shelter with seats, for waiting and
boarding/alighting passengers.
RPEQ certification, with supporting documentation, must be provided to
the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of Transport
and Main Roads confirming that the development has been designed
and constructed in accordance with parts (a) and (b) of this condition.
9. 6. (a) The development must provide a dedicated passenger loading zone (a) - (b)
within the porte cochere at the location shown as number 11 on the Prior to the
Entry Link Level Plan, prepared by Marchese Partners, dated commencement of
12/11/2021 9/02/2023, drawing number 20079 DA1.01, revision 8 use and to be
13. maintained at all
times
(b) The passenger loading zone required in part (a) of this condition
must be designed and constructed to: (c)
(i) Be suitable for use by a taxi catering for people with Prior to the
disabilities in accordance with: commencement of
AS1428.1 - Design for access and mobility; use
AS2890.6 – Parking Facilities, Part 6: Off-street parking
for people with disabilities;
Chapter 7 – Taxi Facilities of the Public Transport
Infrastructure Manual 2015; and
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the Disability Standards for Accessible Public Transport
2002 - subsection 31(1) of the Disability Discrimination
Act 1992;
(ii) include lighting in accordance with AS/NZS 1158.3.1 –
Lighting for Roads and Public Spaces, Part 3.1: Pedestrian
Area (Category P) Lighting – Performance and Design
Requirements; and
(iii) provide access and hardstand, and shelter with seats, for
waiting and boarding/alighting passengers.
RPEQ certification, with supporting documentation, must be provided to
the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of Transport
and Main Roads confirming that the development has been designed
and constructed in accordance with parts (a) and (b) of this condition.
10. (a) A RPEQ certified Traffic Management Plan must be prepared and (a) & (b)
7. given to the Program Delivery and Operations Unit, North Coast Region Prior to the
(via [email protected]) within the Department of commencement of
Transport and Main Roads. use, and where on
site, to be
(b) The Traffic Management Plan must demonstrate how operation of the maintained at all
porte cochere will be monitored and managed to ensure safe movement times
of vehicle and pedestrians, in particular when a 14.5m coach is
traversing the porte cochere when other vehicles are utilising the same. (c) At all times
during operation.
(c) The operation of the development must be undertaken in accordance
with the Traffic Management Plan.
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Attachment 2—Changed reasons for decision to impose conditions
The reasons for this decision are:
The development complies with State code 25: Development in South East Queensland koala habitat
areas. Specifically, the proposed changes to the development:
minimises the amount of interference with a Koala Habitat Area.
Note: Interfering with koala habitat is defined under Schedule 24 of the Planning regulation 2017
as:
(a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way,
including by burning, flooding or draining, native vegetation in a koala habitat area; but
(b) does not include destroying standing vegetation by stock, or lopping a tree
no longer involves the removal of Non- Juvenille Koala Habitat Trees within a Koala Habitat Area,
requiring an environmental offset.
through conditioning, will ensure that future exempted development clearing does not occur
within the mapped Koala Habitat Area and suitable canopy species for koala habitat and
essential habitat is retained
The development complies with State code 6: Protection of state transport networks. Specifically, the
proposed changes to development:
continues to provide safe and direct access to public passenger transport infrastructure, including
access by cycling and walking
does not compromise existing safe and direct access to public passenger transport infrastructure,
including access by cycling and walking
Findings on material questions of fact
The subject site is mapped as containing koala habitat area (core koala habitat area, based on DES
technical agency assessment the core koala habitat area is 0.19ha of the site).
With regards to regulated vegetation, the site is mapped as containing:
0.19ha of Category B (remnant vegetation) area comprising of least concern RE 12.2.5 (Figure 3)
(Vegetation Management Property Report);
3.62ha of non-remnant area (Figure 3) (Vegetation Management Property Report);
0.19ha of essential habitat for the following species (Figure 4) (Vegetation Management Property
Report):
Crinia tinnula wallum froglet V;
Litoria freycineti wallum rocketfrog V;
Litoria olongburensis wallum sedgefrog V;
Calyptorhynchus lathami glossy black-cockatoo V;
Phascolarctos cinereus koala V; and
Acacia attenuate V;
High risk area on the protected plants flora survey trigger map (Figure 5) (Vegetation
Management Property Report).
Evidence or other material on which the findings were based
development application material and submitted plans
State Development Assessment Provisions (version 3.0)
The Development Assessment Rules
Planning Act 2016
Planning Regulation 2017
SARA DA Mapping system
State Planning Policy mapping system
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Attachment 3—Changed advice to assessment manager
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) v2.63.0. If a word remains undefined it
has its ordinary meaning.
2. Terms defined in the Glossary of Terms found within the state code 25: Development in South
East Queensland koala habitat areas are taken to have the same meaning in these conditions.
3. A reference to state code 25 is a reference to the version of the state code 25: Development in
South East Queensland koala habitat areas in effect as at the date of this development
approval.
4. The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
that applies to all persons undertaking the clearing of koala habitat trees, including that clearing
be undertaken sequentially and in the presence of a koala spotter. Penalties for non-
compliance apply.
For further information please contact the Department of Environment and Science at
[email protected]. Despite this development approval, other permits or approvals may be required for the clearing
of koala habitat. To determine if the proposed clearing requires other approvals under other
local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).
6. 4. The development contains areas mapped as containing a high-risk area on the protected plant
flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
Survey Guidelines to determine if there are any protected plants on the clearing site. If
protected plants are found on the clearing site, a clearing permit under the Nature Conservation
Act 1992 may be required.
7. 5. The development contains habitat for threatened and special least concern fauna species. If
the development requires tampering with a protected animal breeding place, a species
management program may be required.
More information on protected animal breeding places and species management programs can
be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
management-program
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